The draft law was first submitted to the State Duma on December 29, 2021 by Russian President Vladimir Putin, and represents the implementation of the migration policy for 2019-2025. The first reading of the draft law was on April 5, 22, after which 62 amendments were made, 31 of them were rejected, 31 were accepted.
The main points that distinguish the new law fr om the old one are an increase in the number of categories of persons entitled to receive it in a simplified manner, but at the same time an increase in the requirements for obtaining it. A number of grounds for obtaining citizenship in a simplified manner, on the contrary, are abolished.
According to the new law, citizenship is uniform and equal regardless of the method of its acquisition. These ways can be:
- by birth;
- as a result of admission to Russian citizenship;
- as a result of recognition as a citizen of Russia;
- as a result of choosing Russian citizenship when changing the State Border of Russia (options);
- in accordance with the international treaty of Russia.
By birth, citizenship can be acquired if one of the parents (or the only parent) has Russian citizenship, regardless of the place of birth (previously it was possible either if both parents have it, or only one, but in case of birth on the territory of Russia), or is under the guardianship of a Russian citizen, or placed in a Russian organization for orphans and children left without parental care.
Any foreign citizen and stateless person permanently residing in Russia on the basis of a residence permit for five years can apply for citizenship, subject to passing an exam on knowledge of the Russian language, Russian law and Russian history (previously the exam was only in Russian language). Disabled people of group I and persons over 70 years of age are exempted from the obligation to take these exams.
A number of categories of persons are eligible to apply for citizenship without meeting these requirements or part of them, while the list of categories of such persons has been expanded.
Among these categories of citizens:
I. Those who can obtain citizenship without permanent residence for 5 years, or with reduced terms, or without the requirement of residence in the Russian Federation (having legal capacity):
- signed a contract for service in the Russian Armed Forces for a period of at least 1 year (no need to have a residence permit status, it is not necessary to live in Russia in general, but you need to pass an exam in the Russian language, history and the basics of Russian legislation);
- participants in the state program for the resettlement of compatriots and members of their families (living in Russia, without the requirement of a residence permit and regardless of the length of stay, but you need to pass an exam in the Russian language, history and the basics of Russian legislation);
- refugees or those who have received political asylum, permanently residing (having a residence permit) for at least 1 year in Russia (it is necessary to pass an exam in the Russian language, history and fundamentals of Russian legislation).
II. Those who can obtain Russian citizenship, who have legal capacity, who have a residence permit, but without a requirement for a period of permanent residence of at least 5 years, do not pass an exam in the Russian language, history and fundamentals of Russian legislation:
- those who were born in the RSFSR and were citizens of the USSR;
- those who have relatives in a direct ascending line (mother, father, grandmother, grandfather, etc.) who were born or permanently resided on the territory of the RSFSR or the territory that belonged to the Russian Empire or the USSR, within the modern state border of Russia;
- have a parent, son or daughter of a Russian citizen registered at the place of residence on the territory of Russia (previously there was no requirement for a son or daughter to live in Russia);
- are married to a Russian citizen registered at the place of residence in Russia, and have a common child, including an adopted child (the requirement to stay married for 3 years was excluded, but in the absence of a common child, citizenship cannot now be obtained in a simplified manner - this norm is introduced, among other things, in order to combat the acquisition of citizenship through fictitious marriage);
- graduated from a university in Russia with honors (according to the current law, only a residence permit can be obtained on this basis);
- have received secondary vocational education, bachelor's, specialist's, master's, postgraduate studies in Russia and have been working in Russia for at least a year in the relevant specialty (the wording in the current law does not specify that you need to work in this particular specialty);
- are a stateless person, while they were previously citizens of the USSR;
- stateless persons who had citizenship of the USSR, registered at the place of residence in Russia as of November 1, 2002;
- adult children of stateless persons who were citizens of the USSR, registered at the place of residence in Russia as of November 1, 2002, if they do not have a document confirming the right to reside in a foreign state.
III. Those who can obtain Russian citizenship do not have to live in Russia at all, do not pass an exam in the Russian language, history and the basics of Russian legislation (having legal capacity):
- WWII veterans were previously citizens of the USSR;
- combat veterans at the request of a state body (or the acting body, if it has been abolished) that issued a combat veteran's certificate or a certificate of entitlement to benefits, the samples of which were approved before January 1, 1992.
An incapacitated person may be granted Russian citizenship if he/she:
1) is under the guardianship or guardianship of a citizen of Russia (except for cases of temporary guardianship and trusteeship, including at the request of parents who are temporarily unable to perform parental duties for good reasons;
2) placed under the supervision of a Russian educational organization, a medical organization, an organization providing social services, or another Russian organization (except in cases of temporary stay in such organizations in order to receive medical, social, educational or other services, or when the parents or guardian temporarily are unable to perform their duties due to valid reasons).
The new law also expanded the rights of the President of Russia to determine citizens who can obtain Russian citizenship in a simplified manner (part 9 of article 16 of the law). Most likely, we should soon expect a corresponding decree (decrees) of the President of Russia.
Also, according to the new law, Russian citizenship can be obtained in a simplified manner, incl. for special merits or qualifications (including for IT specialists, winners of the "Russia - Land of Opportunities" competition), or those who are otherwise of interest to Russia.
The new law excludes a number of grounds for acquiring citizenship in a simplified manner:
- native Russian speakers
- investors
- qualified specialists in accordance with the list of professions listed in the order of the Ministry of Labor
- Entrepreneurs (in the explanatory note to the draft law it was stated that this basis, along with investors, was not claimed).
We recommend that those who planned to apply for citizenship on these grounds apply for this service as soon as possible (the old law ceases to be effective on October 25, 2023)
In case of refusal to receive Russian citizenship, you can apply for Russian citizenship again immediately after receiving the refusal, except in cases wh ere the refusal was made due to the submission of false information, invalid or forged documents, or if the applicant advocated a violent change in the political system , the Constitution of Russia, or otherwise constitute a threat to the security of Russia. In these cases, you can re-apply for citizenship only after a year.
The new law expands the list of grounds for termination of citizenship obtained as a result of recognition as a Russian citizen on the basis of a federal constitutional law (residents of new territories of Russia) or admission to Russian citizenship. Citizenship obtained by birth cannot be forcibly terminated.
Such grounds will be, among other things, crimes against the state and its security, incl. discrediting the Russian Armed Forces, participation in unauthorized rallies, as well as drug-related crimes.
Submission of knowingly unreliable documents and information when applying for citizenship is also among the grounds for its termination (in the current law, in this case, a different wording was used - not the termination of citizenship, but the cancellation of the decision to acquire it).
It provides for the termination of Russian citizenship for children adopted by foreign citizens (but these children acquire the right to a simplified acquisition of Russian citizenship within 5 years after their 18th birthday).
The law also establishes a ban on the expulsion and extradition of a Russian citizen to foreign states, regardless of the grounds.
The law enters into force 180 days after its publication, i.e. October 26, 2023.
Documents issued in accordance with the previous legislation on Russian citizenship remain legally valid if they are valid on the day the new law enters into force, i.e. October 26, 2023.
If an application for the acquisition of Russian citizenship was accepted for consideration before the day the new law came into force, then decisions on them are made in accordance with the old law on citizenship, including in terms of the grounds for acquisition or termination (Article 42 of the new law).
For more information, please contact the consultants of the Confidence Group company.
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